ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  9 December 2020 DOCKET NUMBER:  AR20200009889 


APPLICANT REQUESTS:  through his son, requests he be awarded the Combat Infantryman Badge (CIB).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.WD AGO Form 53-55 (Enlisted Record and Report of Separation - HonorableService)

.WD AGO Form 100 (Separation Qualification Record)

.Congressional letter

.Representation Authorization

.Certification of Military Service



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states

a.It was recently discovered that the applicant was not awarded the CombatInfantry Badge (CIB) (and perhaps other recognition) for his infantry service in April and May 1945.  Then, he served in L Company of the 422 Regiment of the 106th Division of the 15th Army.  His combat infantry experience in France included several firefights and skirmishes (including heavy shelling) in/around the area of Nazi submarine bases in Lorient and Saint Nazairre, in which he was fired upon and, in return, fired his standard issue M-1 Garand rifle.  He requests the record be corrected to award him the CIB as well as any other service awards or recognition he earned for his combat infantry service in France in 1945. 

b.It is believed that because of administrative confusion surrounding realignment ofthe 422nd that records and documentation of his service were lost or misplaced. His 
then commanding office/captain indicated that it was once believed he was KIA (killed in action).  This confusion was manifest (among other ways) in curtailment of his pay that was to be directed to their mother, back home in Philadelphia.  While the pay issue was eventually resolved, the service record and documentation of actual combat service was evidently never corrected. 

3.The applicant provides:

a.Congressional letter in which he states.  On behalf of his father, he filed an


Application for Correction of Military Record on 2/25/2020.  His father is a World War II (WWII) Veteran.  On 11/27/2020 (276 days later), he received a letter (dated  
November 30, 2020) noting the Application could not be processed because it "does not contain sufficient evidence to support your request." It noted several items, some of which had been previously provided. While he would furnish the specific information requested, he asks the Member of Congress staff follow up to ensure this matter is and remains a priority, as the applicant is 94.5 years old and in poor health.  The mistakes and misunderstandings in the ABCMR response suggest this matter has not received the attention it requires. 

b.Authorization from the applicant, authorizing his son to act on his behalf insubmitting a request to the National Personnel Records Center for a full and formal record of his military service that includes all awards and decorations, as well as to request replacement medals, if warranted. In addition, he authorizes him to receive any other pertinent information regarding his service in the U.S. Army. 

3.The applicant’s military records are not available to the Board for review.  A firedestroyed approximately 18 million service members’ records at the National PersonnelRecords Center in 1973.  It is believed that the applicant’s records were lost ordestroyed in that fire.  However, there were sufficient documents remaining in areconstructed record for the Board to conduct a fair and impartial review of this case.

4.The applicant's WD AGO Form 53-55 shows he was inducted into the Army of theUnited States and entered active duty in Philadelphia, PA, on 26 October 1944. Thisform also shows that at the time of his separation, he:

.held military occupational specialty (MOS) 405 (Clerk Typist)

.was assigned to 13th Tank Battalion



5.His WD AGO Form 53-55 further shows he served in the European Theater ofOperations (ETO) from 4 April 1945 to 25 July 1946. He completed 5 months and
3 days of continental service and 1 years, 4 months, and 9 days of foreign service.

6.He was honorably discharged on 26 April 1946. His WD AGO Form 53-55 furthershows in:

a.Item 4 (Arm or service) shows the entry "ARMO" indicating he was in an ArmorCorps branch of service. 

b.Item 31 (Military Qualifications and Date (i.e. infantry, aviation, andmarksmanship badges, etc.)) shows the entry "None." 

c.Item 32 (Battles and Campaigns) shows he participated in the Northern Francecampaigns during WWII. 

d.Item 33 (Decorations and Citations) shows he was awarded or authorized theArmy of Occupation Medal, European-African-Middle Eastern Campaign Medal, Good Conduct Medal, and World War II Victory Medal.  

e.Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55contains the entry "None." 

7.His WD AGO Form 100 (Separation Qualification Record) shows:

a.His MOS was 521 (Infantry Basic) for 4 months; 745 (Rifleman) for 4 months; 345(Truck Driver) for 6 months; and 405 (Clerk Typist) for 7 months. 

b.A Summary of Military Occupations that reads: "Clerk Typist, performed theduties of clerk typist with the 13th Tank Battalion for about 7 months in the European Theater of Operations. Prepared various types of forms, reports, orders, and other military correspondence." 

8.By regulations (War Department Circular Number 269, 100, 186, 408, and 93), ineffect during WWII:

a.The Combat Infantryman Badge is awarded to "infantrymen" including officers.The eligibility to wear the Combat Infantryman Badge can be established by (1) Exemplary conduct in action against the enemy, or (2) By satisfactory performance of duty in actions against the enemy in a major operation as determined or announced by the theater commander. 

b.Announcement of the award of the Combat Infantryman Badge will be made inunit orders and presentation will be in an appropriate ceremony.  Within the regiment, award may be made by the regimental commander upon the recommendation of the company commander.  

9.By regulation (AR 600-8-22, Military Awards), currently in effect, there are threerequirements for award of the Combat Infantryman Badge:

.the Soldier must be an infantryman (or special forces) satisfactorily performinginfantry duties

.the Soldier must be assigned to an infantry unit during such time as the unit isengaged in active ground combat

.the Soldier must actively participate in such ground combat



BOARD DISCUSSION: 





After reviewing the application and all supporting documents, the Board found that relief was not warranted.  The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance.  The Board considered the applicant’s statement, his military service record and documents provided by the applicant.  The Board found insufficient evidence of his participation as an infantryman during a specific incident(s) or specific date(s), in which he would have possiblyqualified for the CIB.  Based upon the absence of information showing he was personally present and actively participated in ground combat with his infantry unit during such time as the unit was engaged in active ground combat on a specific date, the Board agreed there is insufficient evidence to grant relief. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

 XXXXX XXX DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION: 

Except for the correction addressed in Administrative Note(s) below, the Board found 
the evidence presented does not demonstrate the existence of a probable error or  
injustice. 

X CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. 

ADMINISTRATIVE NOTE(S): 

A review of the applicant’s records shows he is authorized additional awards not annotated on his WD-AGO Form 53-55.  As a result, amend his WD AGO Form 53-55 by adding: 

.bronze service star to be affixed to his already-awarded European-African


Middle Eastern Campaign Medal. 

REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice.  This provision of law also allows the ABCMR to excuse an applicant's failureto timely file within the 3-year statute of limitations if the Army Board for Correction ofMilitary Records (ABCMR) determines it would be in the interest of justice to do so.

2.War Department Circular Number 269, dated 27 October 1943, states the presentwar has demonstrated the importance of highly proficient, tough, hard, and aggressiveinfantrymen, which can be attained only by developing a high degree of individual all-around proficiency on the part of every infantryman. As a means of attaining the highstandards desired and to foster espirit de corps in infantry units, the Expert and CombatInfantryman Badge were established for infantry personnel.

a.The Combat Infantryman Badge is awarded to "infantrymen" including officers.The eligibility to wear the Combat Infantryman Badge can be established by (1) Exemplary conduct in action against the enemy, or (2) By satisfactory performance of 
duty in actions against the enemy in a major operation as determined or announced by the theater commander. 
 
 b.  Announcement of the award of the Combat Infantryman Badge will be made in unit orders and presentation will be in an appropriate ceremony.  Within the regiment, award may be made by the regimental commander upon the recommendation of the company commander.   
 
3.  War Department Circular 100, dated 13 March 1944, amended War Department Circular Number 269, regarding the retroactive award of the Combat Infantryman Badge. It states the Combat Infantryman Badge may be awarded to any infantryman who, on or after 6 December 1941, has established eligibility and had been recommended for such award under the provisions of paragraph 2b or 3 of the circular.   
4.  War Department Circular Number 186 dated 1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that, during WWII, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions: 
 
a.  Light machine gunner (604)   b.  Heavy machine gunner (605) 
c.  Platoon sergeant (651)     d.  Squad leader (653) 
e.  Rifleman (745)       f.  Automatic rifleman (746) 
g.  Heavy weapons NCO (812)   h.  Gun crewman (864) 
 
5.  War Department Circular 408 replaced War Department Circular 186. War Department Circular 408 stated:  "Effective 1 November 1944 the award of the Expert Infantryman Badge and the Combat Infantryman Badge is restricted to officers, warrant officers and enlisted men assigned to infantry regiments, infantry battalions and elements thereof designated as infantry in tables of organization or tables of organization and equipment. Personnel of the Medical Department and the Corps of Chaplains are not eligible for this award (see pars. 6c and 11)." 
 
6.  War Department Circular Number 408, dated 17 October 1944, provides for awards of the Expert and Combat Infantryman Badge. It states, in pertinent part, that Public Law 503, approved on 30 June 1944, provided that during the present war (WWII) and for 6 months thereafter, any enlisted man of the combat ground forces of the Army who is entitled under regulations to wear the Combat Infantryman Badge shall be paid additional compensation.  
 
7.  War Department Circular 93 rescinded the quotation from War Department Circular 408 in paragraph 4, above, and replaced it with the following:  "Effective 1 November 1944 the award of the Expert Infantryman Badge the Combat Infantryman Badge is 
restricted to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry in the tables of organization or tables of organization and equipment. In addition to the above, infantry officers, warrant officers, and enlisted men who are attached to infantry regiments, infantry battalions, and elements thereof designated as infantry, of the United States forces or of any of the Allied Nations military forces are eligible for the infantryman badges. In these cases, when the individual concerned is not assigned to an infantry regiment or smaller infantry unit, the award will be made by such commanders and in such orders as the theater commander may designate. Personnel of the Medical Department and the Corps of Chaplains are not eligible this award (see pars. 6c and 11).  Officers, warrant officers, and enlisted men in infantry training regiments and battalions of replacement training centers, schools, and replacement depots are eligible for award of the expert infantryman badge.” 
 
8.  Lieutenant General Lesley J. McNair, then the Army Ground Forces commanding general, was instrumental in creation of the CIB.  He originally recommended that it be called the "fighter badge."  The Combat Infantryman Badge was designed to enhance morale and the prestige of the "Queen of Battle." Then Secretary of War Henry Stinson said, "It is high time we recognize in a personal way the skill and heroism of the American infantry."   
 
 b.  Originally, the Regimental Commander was the lowest level at which the Combat Infantryman Badge could be approved and its award was retroactive to 7 December 1941.  Several factors led to the creation of the Combat Infantryman Badge, some of the most prominent factors are as follows: 
  (1)  The need for large numbers of well-trained infantry to bring about a successful conclusion to the war and the already critical shortage of infantrymen. 
 
  (2)  Of all Soldiers, it was recognized that the infantryman continuously operated under the worst conditions and performed a mission that was not assigned to any other Soldier or unit. 
 
  (3)  The infantry, a small portion of the total Armed Forces, was suffering the most casualties while receiving the least public recognition. 
 
  (4)  General Marshall’s well-known affinity for the ground forces Soldier and, in particular, the infantryman.   
 
 c.  All these factors led to the establishment of the Combat Infantryman Badge, an award that would provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen serving in every theater. 
 d.  In developing the Combat Infantryman Badge, the War Department did not dismiss out of hand or ignore the contributions of other branches. Their vital contributions to the overall war effort were certainly noted, but it was decided that other awards and decorations were sufficient to recognize their contributions. From the beginning, Army leaders have taken care to retain the badge for the unique purpose for which it was established and to prevent the adoption of any other badge which would lower its prestige.  At the close of World War II, our largest war in which the armor and artillery played key roles in the ground campaigns, a review was conducted of the Combat Infantryman Badge criteria with consideration being given to creating either additional badges or authorizing the badge to cavalry and armor units.  The review noted that any change in policy would detract from the prestige of the badge. 
 
9.  Army Regulation 600-8-22 (Military Awards) provides for award of the European-African-Middle Eastern Campaign Medal. The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal. 
 
//NOTHING FOLLOWS//